Consolidated Amendment #B to H.3900

Consolidated Amendment "B" to H3900

Health and Human Services and Elder Affairs

Fiscal Note: $38,075,000

Health and Human Services: 62, 76, 87, 94, 103, 130, 144, 225, 226, 322, 332, 351, 386, 393, 407, 409, 435, 444, 445, 482, 499, 505, 511, 527, 556, 642, 684, 697, 733, 734, 745, 754, 761, 765, 771, 780, 781, 839, 848, 902, 942, 946, 968, 974, 987, 1009, 1010, 1016, 1042, 1082, 1085, 1091, 1104, 1105, 1156, 1214, 1216, 1217, 1218, 1221, 1224, 1239, 1255, 1299, 1313, 1361, 1401, 1403, 1432, 1470, 1478

Elder Affairs: 44, 52, 90, 91, 143, 149, 166, 184, 187, 240, 269, 271, 326, 352, 354, 367, 411, 425, 446, 476, 552, 560, 578, 611, 631, 633, 634, 635, 638, 639, 641, 685, 773, 784, 814, 868, 869, 912, 925, 992, 999, 1078, 1179, 1207, 1209, 1219, 1240, 1246, 1254, 1268, 1290, 1294, 1357, 1446, 1485, 1530, 1558

Mr. Michlewitz of Boston and others move to amend H.3900 in section 2, in line item 4000-0005, by inserting after the words “fiscal year 2023”, the first time they appear, the following words:- ; provided further, that not less than $50,000 shall be expended to A.W.A.K.E., Inc. Youth Violence Prevention in Springfield; provided further, that not less than $100,000 shall be expended to BAGLY, Inc. to provide innovative job training and wraparound support to LGBTQ+ homeless youth; and provided further, that not less than $50,000 shall be expended for the SISU Center in the city of Lawrence to provide a safe space for structured education, health and recreational programming for at-risk youth throughout the Merrimack Valley

And further amend said item by striking out the figure “$12,600,000” and inserting in place thereof the following figure:- $12,800,000

And further amend said section 2, in item 4000-0009, by inserting after the words “obligations of the office” the following words:- ; provided further, that not less than $250,000 shall be expended for Sickle Cell Disease Association of Massachusetts, Inc.

And further amend said item by striking out the figure “$350,000” and inserting in place thereof the following figure:- $600,000

And further amend said section 2, in item 4000-0300, by inserting after the words “existing resources” the following words:- ; provided further, that not less than $100,000 shall be expended for Human Relations Service, Inc. in the town of Wellesley to address the mental and behavioral health needs of families and children; provided further, that not less than $125,000 shall be expended for the Brookline Community Mental Health Center, Inc. to expand the healthy lives program; provided further, that not less than $75,000 shall be expended to The Lily House Inc. in the town of Wellfleet for hospice house facility repairs; provided further, that not less than $50,000 shall be expended for the Behavioral Health Workforce Development Center at William James College for the retention and development of a culturally diverse and experienced behavioral health workforce that cares for underserved communities in the commonwealth and to train a cohort of K-12 experts in school climate, including teachers and administrators, to create inclusive, behaviorally healthy school environments that foster psychological health, social development, diversity and inclusion for children; provided further, that not less than $125,000 shall be expended for the Fall River Deaconess Home, Inc. for the expansion of clinical, occupational and trauma informed mental health treatment for youth; provided further, that not less than $150,000 shall be expended to support the critical care operations of New England Life Flight, Inc.; provided further, that not less than $40,000 shall be expended to Beth Israel Deaconess Hospital – Needham, Inc. for behavioral health services; provided further, that not less than $50,000 shall be expended to Martha’s Vineyard Community Services, Inc. for increased access to health and human services on Martha’s Vineyard; provided further, that not less than $2,500,000 shall be expended for building costs for North Shore Community Health, Inc. to support the capital project of building a new Salem family health facility to enhance and improve the care that is given to patients in Salem and the greater North Shore region

And further amend said item by striking out the words “$300,000 shall be expended for Health Care For All, Inc.” and inserting in place thereof the following words:- $500,000 shall be expended for Health Care For All, Inc.

And further amend said item by striking out the figure “$123,456,500” and inserting in place thereof the following figure:- $126,871,500

And further amend said section 2, in item 4000-0601, by inserting after the words “birthday occurs” the following words:- ; provided further, that not less than $150,000 shall be expended to Harbor Health Services, Inc. for eldercare workforce development, training programs, infrastructure and operational upgrades to its Program of All-Inclusive Care for the Elderly (PACE) day centers in Mattapan, Brockton and in any new communities for which Harbor Health Services has been contracted to help meet the commonwealth’s PACE expansion goals

And further amend said item by striking out the figure “$4,486,764,509” and inserting in place thereof the following figure:- $4,486,914,509

And further amend said section 2, in item 4000-0700, by inserting after the words “for training purposes” the following words:- ; provided further, that not less than $250,000 shall be expended for the family medicine program in Franklin county; provided further, that not less than $150,000 shall be expended to Harbor Health Services, Inc. for workforce development, training and recruitment of qualified dental assistants and hygienists to expand capacity at its community-based dental health clinics serving Plymouth and Cape Cod; provided further, that not less than $150,000 shall be expended for to the Greenfield family medicine residency program in western Massachusetts to support the training of primary care physicians in underserved communities

And further amend said item by striking out the figure “$3,713,166,357” and inserting in place thereof the following figure:- $3,743,716,357

And further amend said section 2, in item 4000-1700, by inserting after the words “human services” the following:- ; provided, that not less than $140,000 shall be expended to Manet Community Health Center, Incorporated for construction costs associated with the completion of phase 2 expansion of its Attleboro satellite health care center with 6 exam rooms, 2 behavioral health rooms and 1 consult room

And further amend said item by striking out the figure “$167,727,025” and inserting in place thereof the following figure:- $167,867,025

And further amend said section 2 by inserting, after the heading “Office for Refugees and Immigrants.”, the following item:-

4003-0111For the operation of the office for refugees and immigrants..........$500,000

And further amend said section 2, in item 4003-0122, by inserting after the words “administer the program” the following words:- ; provided further, that not less than $25,000 shall be expended for a grant for the Immigrants Assistance Center, Inc. in the city of New Bedford to provide citizenship and workforce readiness programming; provided further, that not less than $25,000 shall be expended to the city of Framingham public school system for a multilingual family assistance caseworker to assist immigrant families and children with navigating and accessing resources that are essential to meeting their basic needs, including mental health and medical services; provided further, that not less than $50,000 shall be expended to Lawrence Family Development, Inc. in Lawrence for English as a second language and citizenship classes; provided further, that not less than $50,000 shall be expended to Casa Dominicana, Inc. to assist in English as a second language and citizenship classes

And further amend said item by striking out the figure “$1,036,957” and inserting in place thereof the following figure:- $1,186,957

And further amend said section 2, by inserting, after item 4003-0122, the following item:-

4003-0123For the resettlement agencies in the commonwealth that contract with the United States Department of State to resettle refugees and immigrants to provide services and support to refugees and other displaced persons eligible for the services provided by said resettlement agencies; provided, that, at the discretion of the agency, not less than 75 per cent of the funds may be expended on direct assistance to refugees and immigrants, including, but not limited to, assistance securing immigration status in the United States, and not more than 25 per cent of the funds may be expended to support the infrastructure of the resettlement agencies on a pro-rata basis; and provided further, that any unexpended funds in item 4003-0122 of section 2 of chapter 24 of the acts of 2021, as amended by section 65 of chapter 102 of the acts of 2021, shall not revert to the General Fund but shall be made available until September 30, 2023…………………. $500,000

And further amend said section 2, in item 4400-1004, by inserting after the words “knowledge of, the program” the following words:- ; provided further, that not less than $25,000 shall be expended to the Salem Food Pantry to appoint and hire a community programs assistant who shall serve as a key community liaison and support operations of the market located in the Point neighborhood in the city of Salem; provided further, that not less than $25,000 shall be expended to the Allston-Brighton Food Pantry and community refrigerator support program

And further amend said item by striking out the figure “$5,000,000” and inserting in place thereof the following figure:- $5,050,000

And further amend said section 2, in item 4400-1020, by inserting after the words “Community Action Council, Inc.” the following words:- ; provided further, that not less than $50,000 shall be expended for the Main South Community Development Corporation’s efforts to promote the safety and security of the University Park and Beacon Brightly neighborhoods

And further amends said item by striking out the figure “$5,000,000” and inserting in place thereof the following figure:- $5,050,000

And further amend said section 2, in item 4405-2000, by striking the words “provided further, that rates for residential care facilities and rest homes effective July 1, 2022, established under section 13D of chapter 118E of the General Laws, shall cumulatively total not less than $7,000,000 more than rates effective January 1, 2022” and inserting in place thereof the following words:- provided further, that rates for residential care facilities and rest homes effective July 1, 2023, established under section 13D of chapter 118E of the General Laws, shall cumulatively total not less than $7,000,000 more than rates effective January 1, 2023

And further amend said section 2, in item 4408-1000, by striking the words “provided further, that rates for residential care facilities and rest homes effective July 1, 2022, established under section 13D of chapter 118E of the General Laws, shall cumulatively total not less than $3,000,000 more than rates effective January 1, 2022;” and inserting in place thereof the following words:- provided further, that rates for residential care facilities and rest homes effective July 1, 2023, established under section 13D of chapter 118E of the General Laws, shall cumulatively total not less than $3,000,000 more than rates effective January 1, 2023;

And further amend said section 2, in item 9110-1630, by inserting after the words “number of clients served” the following:- ; provided further, that not less than $35,000 shall be expended to Coastline Elderly Services, Inc. for its community mainstream program

And further amend said item by striking out the figure “$213,760,442” and inserting in place thereof the following figure:- $213,795,442

And further amend said section 2, in item 9110-1660, by striking out the figure “$856,000” and inserting in place thereof the following figure:- $906,000

And further amend said item by striking out the figure “$3,831,491” and inserting in place thereof the following figure:- $3,881,491

And further amend said section 2, in item 9110-1900, by inserting after the words “share program” the following words:- ; provided further, that not less than $750,000 shall be expended for the Meals on Wheels Program for the elderly

And further amend said item by striking out the figure “$11,047,709” and inserting in place thereof the following figure:- $11,797,709

And further amend said section 2, in item 9110-9002, by inserting after the words “$14 per elder” the following words:- ; provided further, that not less than $10,000 shall be expended for the Plymouth senior center for the renovation and modernization of its reception station to make accessible for all seniors; provided further that not less than $50,000 shall be expended to the city of Leominster for improvements to the Leominster senior center; provided further, that not less than $25,000 shall be expended for the Millis senior center for the purchase and operation of a transportation vehicle; provided further, that not less than $50,000 shall be expended to the Brookline council on aging to collaborate with the Brookline chamber of commerce and Brookline housing authority to provide workforce training, focused on interviewing, online job searching and resume updating directed at older adults but open to all residents of Brookline; provided further, that not less than $75,000 shall be expended to the East Longmeadow Pleasant View senior center for a new ADA-compliant van to transport seniors to medical appointments, adult day care facilities and events outside the senior center; provided further, that not less than $100,000 shall be expended for the costs associated with care and services provided at the Whipple senior center in the town of Weymouth; provided further, that not less than $100,000

shall be expended for the Wilbraham senior center in the town of Wilbraham; provided further, that not less than $10,000 shall be expended for equipment and supplies for the council on aging in the town of Southborough; provided further, that not less than $25,000 shall be expended for the senior medical rides program and related elderly and veteran outreach efforts operated by Deja New Leicester, Incorporated, the council on aging in the town of Leicester and Project New Hope Incorporated; provided further, that not less than $25,000 shall be expended to the Pepperell council on aging for the improvement, replacement and repair of the kitchen and kitchen appliances in the Albert Harris senior center; provided further, that not less than $80,000 shall be expended for the Acushnet council on aging; provided further, that not less than $10,000 shall be expended for grab and go meals for the council on aging in the town of East Bridgewater; provided further, that not less than $25,000 shall be expended for the Milano center in the city of Melrose for safety and infrastructure improvements; provided further, that not less than $25,000 shall be expended for expanding programs for seniors at the Spitzer senior center in North Adams; provided further, that not less than $50,000 shall be expended for vehicles for the Fall River council on aging; provided further, that not less than $50,000 shall be expended to the Dedham council on aging for senior transportation; provided further, that not less than $25,000 shall be expended for an accessible van for the council on aging in the town of Abington; provided further, that not less than $25,000 shall be expended for the Methuen senior activity center for operational costs; provided further, that not less than $35,000 shall be expended to the Friends of Maynard Seniors, Inc. to conduct a study addressing the need for a permanent senior center in Maynard; provided further, that not less than $50,000 shall be expended for interior improvements to the Sturbridge senior center in the town of Sturbridge; provided further, that not less than $250,000 shall be expended for Parkway in Motion, Inc. to provide programming for seniors in the southwest Boston neighborhoods; provided further, that not less than $50,000 shall be expended to the West Springfield council on aging for a new public transportation van to improve accessibility for seniors; provided further, that not less than $15,000 shall be expended for the Spencer senior center; provided further, that not less than $25,000 shall be expended to Martha’s Vineyard Community Foundation, Inc. to provide transportation services to older adults on Martha’s Vineyard; provided further, that not less than $50,000 shall be expended for the Middleton council on aging for the new community center in the town of Middleton; provided further, that not less than $50,000 shall be expended for out-of-town transportation for seniors and disabled persons in the town of North Reading

And further amend said item by striking out the figure “$25,789,309” and inserting in place thereof the following figure:- $27,074,309

And further amend the bill in section 2E, in item 1595-1068, by striking out the words “unless stated otherwise in this item,”

And further amend said item by striking out the words “services provided during state or federal fiscal year 2023 or 2024 or for public hospital transformation and incentive initiative payments for state fiscal year 2023 or 2024 or for Medicaid care organization payments under 42 CFR 438.6(c) for rate year 2023 or 2024” and inserting in place thereof the following words:- : (i) services provided; (ii) public hospital transformation and incentive initiative payments; (iii) health equity incentive payments; or (iv) Medicaid care organization payments under 42 CFR 438.6(c)

And further amend said item by striking out the following words “which shall fully satisfy the non-federal share of such payment”

And further amend the bill by inserting after section 12 the following section:-

SECTION 12A. Chapter 32A of the General Laws is hereby amended by adding the following section:-

Section 33. (a) For the purposes of this section, “Federally-defined preventive services” shall mean: (i) evidence-based items or services that have in effect a rating of “A” or “B” in the recommendations of the United States Preventive Services Task Force; (ii) immunizations with routine use in children, adolescents and adults that have in effect a recommendation from the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention with respect to the individual involved; (iii) with respect to infants, children and adolescents, evidence-informed preventive care and screenings provided for in the comprehensive guidelines supported by the federal Health Resources and Services Administration; and (iv) with respect to women, such additional preventive care and screenings not described in clause (i) as provided for in comprehensive guidelines supported by the federal Health Resources and Services Administration; provided, that federally-defined preventive services shall include all other preventive services not subject to cost-sharing, as required by established federal regulatory and sub-regulatory guidance issued on or before July 1, 2023.

(b) The commission shall provide to an active or retired employee of the commonwealth who is insured under the group insurance commission coverage for federally-defined preventive services.

(c)(1) Coverage provided pursuant to this section shall not be subject to any cost-sharing, including, but not limited to, co-payments, co-insurance or any deductible, as required by established federal regulatory and sub-regulatory guidance issued on or before July 1, 2023.

(2) Benefits for an enrollee pursuant to this section shall be the same for the enrollee’s covered spouse and covered dependents.

(d) Nothing in this section shall prohibit: (i) coverage for items and services in addition to those recommended by the United States Preventive Services Task Force, the Advisory Committee on Immunization Practices or the federal Health Resources and Services Administration; or (ii) denying coverage for items or services not recommended by the United States Preventive Services Task Force, the Advisory Committee on Immunization Practices or the federal Health Resources and Services Administration.

(e) If a recommendation pursuant to subsection (a) is changed during a plan year, a carrier shall not be required to make changes to the health plan during the plan year.

And further amend the bill by inserting after section 27 the following 4 sections:-

SECTION 27A. Chapter 175 of the General Laws is hereby amended by inserting after section 47TT the following section:-

Section 47UU. (a) For the purposes of this section, “Federally-defined preventive services” shall mean: (i) evidence-based items or services that have in effect a rating of “A” or “B” in the recommendations of the United States Preventive Services Task Force; (ii) immunizations with routine use in children, adolescents and adults that have in effect a recommendation from the Advisory Committee on Immunization Practices of the federal Center for Disease Control and Prevention with respect to the individual involved; (iii) with respect to infants, children and adolescents, evidence-informed preventive care and screenings provided for in the comprehensive guidelines supported by the federal Health Resources and Services Administration; and (iv) with respect to women, such additional preventive care and screenings not described in clause (i) as provided for in comprehensive guidelines supported by the federal Health Resources and Services Administration; provided, that federally-defined preventive services shall include all other preventive services not subject to cost-sharing, as required by established federal regulatory and sub-regulatory guidance issued on or before July 1, 2023.

(b) A policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth, which is considered creditable coverage pursuant to section 1 of chapter 111M, shall provide coverage for federally-defined preventive services.

(c) Coverage provided pursuant to this section shall not be subject to any cost-sharing, including, but not limited to, co-payments, co-insurance or any deductible, as required by established federal regulatory and sub-regulatory guidance issued on or before July 1, 2023.

(e) If a recommendation pursuant to subsection (a) is changed during a plan year, a carrier shall not be required to make changes to the health plan during the plan year.

SECTION 27B. Chapter 176A of the General Laws is hereby amended by inserting after section 8UU the following section:-

Section 8VV. (a) For the purposes of this section, “Federally-defined preventive services” shall mean: (i) evidence-based items or services that have in effect a rating of “A” or “B” in the recommendations of the United States Preventive Services Task Force; (ii) immunizations with routine uses in children, adolescents and adults that have in effect a recommendation from the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention with respect to the individual involved; (iii) with respect to infants, children and adolescents, evidence-informed preventive care and screenings provided for in comprehensive guidelines supported by the federal Health Resources and Services Administration; and (iv) with respect to women, such additional preventive care and screenings not described in clause (i) as provided for in comprehensive guidelines supported by the federal Health Resources and Services Administration; provided, that federally-defined preventive services shall also include all other preventive services not subject to cost-sharing, as required by established federal regulatory and sub-regulatory guidance issued on or before July 1, 2023.

(b) Any contract between a subscriber and a corporation subject to this chapter, pursuant to an individual or group hospital service plan that is delivered, issued or renewed within the commonwealth, which is considered creditable coverage pursuant to section 1 of chapter 111M, shall provide coverage for federally-defined preventive services.

(d) Nothing in this section shall prohibit: (i) coverage for items and services in addition to those recommended by the United States Preventive Services Task Force, the Advisory Committee on Immunization Practices or the federal Health Resources and Services Administration; or (ii) denying coverage for items and services that are not recommended by the United States Preventive Services Task Force, the Advisory Committee on Immunization Practices or the federal Health Resources and Services Administration.

(e) If a recommendation pursuant to subsection (a) is changed during a plan year, a carrier shall not be required to make changes to the health plan during the plan year.

SECTION 27C. Chapter 176B of the General Laws is hereby amended by inserting after section 4UU the following section:-

Section 4VV. (a) For the purposes of this section, “Federally-defined preventive services” shall mean: (i) evidence-based items or services that have in effect a rating of “A” or “B” in the recommendations of the United States Preventive Services Task Force; (ii) immunizations with routine use in children, adolescents and adults that have in effect a recommendation from the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention with respect to the individual involved; (iii) with respect to infants, children and adolescents, evidence-informed preventive care and screenings provided for in the comprehensive guidelines supported by the federal Health Resources and Services Administration; and (iv) with respect to women, such additional preventive care and screenings not described in clause (i) as provided for in comprehensive guidelines supported by the federal Health Resources and Services Administration; provided, that federally-defined preventive services shall also include all other preventive services not subject to cost-sharing, as required by established federal regulatory and sub-regulatory guidance issued on or before July 1, 2023.

(b) Any subscription certificate under an individual or group medical service agreement which is delivered, issued or renewed within the commonwealth, which is considered creditable coverage pursuant to section 1 of chapter 111M, shall provide coverage for federally-defined preventive services.

(d) Nothing in this section shall prohibit: (i) coverage for items and services in addition to those recommended by the United States Preventive Services Task Force, the Advisory Committee on Immunization Practices or the federal Health Resources and Services Administration; or (ii) denying coverage for items and services that are not recommended by the United States Preventive Services Task Force, the Advisory Committee on Immunization Practices or the federal Health Resources and Services Administration.

(e) If a recommendation described in subsection (a) is changed during a plan year, a carrier shall not be required to make changes to the health plan during the plan year.

SECTION 27D. Chapter 176G of the General Laws is hereby amended by inserting after section 4MM the following section:-

Section 4NN. (a) For the purposes of this section, “Federally-defined preventive services” shall mean: (i) evidence-based items or services that have in effect a rating of “A” or “B” in the recommendations of the United States Preventive Services Task Force; (ii) immunizations with routine use in children, adolescents and adults that have in effect a recommendation from the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention with respect to the individual involved; (iii) with respect to infants, children and adolescents, evidence-informed preventive care and screenings provided for in the comprehensive guidelines supported by the federal Health Resources and Services Administration; and (iv) with respect to women, such additional preventive care and screenings not described in clause (i) as provided for in comprehensive guidelines supported by the federal Health Resources and Services Administration; provided, that federally-defined preventive services shall also include all other preventive services not subject to cost-sharing, as required by established federal regulatory and sub-regulatory guidance issued on or before July 1, 2023.

(b) An individual or group health maintenance contract that is issued, delivered or renewed within the commonwealth, which is considered creditable coverage pursuant to section 1 of chapter 111M, shall provide coverage for federally-defined preventive services.

(d) Nothing in this section shall prohibit: (i) coverage for items and services in addition to those recommended by the United States Preventive Services Task Force, the Advisory Committee on Immunization Practices or the Health Resources and Services Administration; or (ii) denying coverage for items and services that are not recommended by the United States Preventive Services Task Force, the Advisory Committee on Immunization Practices or the federal Health Resources and Services Administration.

(e) If a recommendation described in subsection (a) is changed during a plan year, a carrier shall not be required to make changes to the health plan during the plan year.

And further amend the bill by inserting after section 34A, as inserted by Consolidated Amendment A, the following section:-

SECTION 34B. Notwithstanding any general or special law to the contrary, all ambulance ground transportation provided to MassHealth fee-for-service and managed care plan members who are also Medicare eligible shall be paid at the applicable Medicare rate.

And further amend the bill by inserting after section 44 the following section:-

SECTION 44A. The division of insurance shall issue guidance necessary for implementation and enforcement and to ensure compliance with sections 12A, 27A, 27B, 27C and 27D not later than 90 days after the effective date of this act; provided, that said guidance shall be consistent with all relevant federal requirements and any preventive services that shall not be subject to cost-sharing that are added to relevant federal regulatory and sub-regulatory guidance issued not later than July 1, 2023.